18.32.020 Permitted principal uses.

(a) Single-family dwelling; (b) family day care or nursery; park, trails, and/or playground; (c) home occupation; (d) adult family home; (e) municipal use; and (f) duplex, and single-family attached duplexes that utilize construction methods and materials similar in nature to those used in the construction of single-family units, and that incorporate design elements typical of single-family residential construction, consistent with the requirements of FMC 17.28.035, as applicable to duplex or single-family attached units that are not separated by a lot line

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 2066 § 1 (Exh. 1), 2018; Ord. 2006 § 3 (Att. 3), 2017; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014; Ord. 1774 § 2, 2013; Ord. 1761 § 1, 2013; Ord. 1642 § 1, 2011; Ord. 1608 § 1, 2010; Ord. 1528 § 1, 2009; Ord. 1400 § 2, 2006)

18.32.030 Permitted accessory uses.

(a) Garage; (b) swimming pool; (c) tool house or storage shed; (d) garden house; (e) use customarily incidental to permitted principal use; and (f) accessory dwelling units

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 2066 § 1 (Exh. 1), 2018; Ord. 2006 § 3 (Att. 3), 2017; Ord. 1995 § 2 (Exh. 1), 2017; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014; Ord. 1823 § 3, 2014; Ord. 1774 § 2, 2013; Ord. 1761 § 1, 2013; Ord. 1642 § 1, 2011; Ord. 1608 § 1, 2010; Ord. 1528 § 1, 2009; Ord. 1400 § 2, 2006)

18.32.040 Conditional uses.*

(a) Church (including day care or day nursery in conjunction). Pursuant to Chapter 35A.21 RCW, outdoor, temporary encampments for the homeless hosted by religious organizations shall be reviewed as a separate or amended conditional use from the authorizations originally granted to a church, subject to reasonable measures to ensure basic sanitation, life safety, and the minimization of negative public health and/or safety impacts to surrounding uses. See FMC 18.72.140 for specific conditions related to these uses; (b) educational institution; and (c) use similar in nature and effect to a permitted principal use or conditional use

(d) Golf/country club;

* Refer to FMC 18.12.130 for specific information on review procedures for conditional use permits.

(e) Complete life care retirement community (minimum of 30 acres, reviewed as a PUD)

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 2066 § 1 (Exh. 1), 2018; Ord. 2006 § 3 (Att. 3), 2017; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014; Ord. 1823 § 3, 2014; Ord. 1774 § 2, 2013; Ord. 1761 § 1, 2013; Ord. 1642 § 1, 2011; Ord. 1608 § 1, 2010; Ord. 1528 § 1, 2009; Ord. 1400 § 2, 2006)

18.32.050 Average lot sizes.

Repealed by Ord. 1988. (Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014; Ord. 1774 § 2, 2013; Ord. 1761 § 1, 2013; Ord. 1642 § 1, 2011; Ord. 1608 § 1, 2010; Ord. 1528 § 1, 2009; Ord. 1400 § 2, 2006)

18.32.051 Minimum lot sizes.

3,500 square feet

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014)

18.32.052 Density range (units per net acre).

Six to nine

Four to seven

Three to five

A.    Net density shall be calculated per developable lot, and shall exclude conservation easements, community tracts, rights-of-way, and other required infrastructure. One reserve tract containing one or less developable lots may be established for the purpose of future subdivision and shall not be included in net density calculations; provided, that they are clearly identified as such on the face of a recorded subdivision, short plat, or lot line adjustment. A reserve tract may be developed with one residential unit or less, pursuant to the requirements of FMC 18.32.120. Each residential unit associated with a duplex or single-family attached duplex shall be considered a single-family residence for the purpose of calculating density for new residential subdivisions.

1.    Land that consists of lots devoted to uses other than residential and associated uses, including but not limited to churches, schools, and support facilities, shall not be included in density calculations.

B.    In situations where density requirements and lot size, shape, topography, or location result in a subdivision that cannot possibly meet the density requirements, a reduction in minimum density may be granted by the Community Development Director if all of the following criteria can be met:

1.    The lot to be subdivided must be less than or equal to one-half acre in total area.

2.    The reduction in minimum density may not result in more than one additional single-family dwelling.

3.    The reduction in density will not result in a density that is less than 85 percent of the minimum density required in the applicable zoning district.

4.    The conditions unique to the site (size, shape, topography, etc.) are not the result of actions by the applicant.

5.    In no event may a reduction in density be granted if it would result in a use that would not be allowed as a permitted, accessory or conditional use in the zone in which the property is located.

C.    Density Rounding. When the calculation of density ranges for specific developments does not result in a whole number, the Community Development Director may round densities to the closest whole number. However, the Community Development Director may not allow densities to be created through rounding that are outside of the required density range.

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014)

18.32.060 Minimum lot width.

50 feet

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014; Ord. 1774 § 2, 2013; Ord. 1761 § 1, 2013; Ord. 1642 § 1, 2011; Ord. 1608 § 1, 2010; Ord. 1528 § 1, 2009; Ord. 1400 § 2, 2006)

18.32.070 Maximum building height.

35 feet

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014; Ord. 1774 § 2, 2013; Ord. 1761 § 1, 2013; Ord. 1642 § 1, 2011; Ord. 1608 § 1, 2010; Ord. 1528 § 1, 2009; Ord. 1400 § 2, 2006)

18.32.080 Setbacks.

Front: 20 feet

Rear: 10 feet

Sides: 5 feet

Front: 20 feet

Rear: 10 feet

Sides: 5 feet

Special setback requirements for driveways, accessory buildings, traffic safety, garages, and corner lots are listed in FMC 18.72.040.

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014; Ord. 1774 § 2, 2013; Ord. 1761 § 1, 2013; Ord. 1642 § 1, 2011; Ord. 1608 § 1, 2010; Ord. 1528 § 1, 2009; Ord. 1400 § 2, 2006)

18.32.090 Maximum lot coverage.

40 percent; includes square footage of the building area of both principal and accessory structures

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014; Ord. 1774 § 2, 2013; Ord. 1761 § 1, 2013; Ord. 1642 § 1, 2011; Ord. 1608 § 1, 2010; Ord. 1528 § 1, 2009; Ord. 1400 § 2, 2006)

18.32.100 Parking requirements.

For specific regulations on parking, refer to Chapter 18.76 FMC.

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014; Ord. 1774 § 2, 2013; Ord. 1761 § 1, 2013; Ord. 1642 § 1, 2011; Ord. 1608 § 1, 2010; Ord. 1528 § 1, 2009; Ord. 1400 § 2, 2006. Formerly 18.32.090)

18.32.110 Minimum open space.

A.    Purpose. The community seeks to create and preserve open space within subdivisions while encouraging reasonable urban densities. Open space establishes a sense of place, provides visual separation, creates formal and informal recreation opportunities for children and adults, maintains property values, and enhances public safety by providing off-street recreation opportunities.

B.    Requirements. The City has established minimum open space requirements that can be met on a lot-by-lot basis or through development-wide compliance. For the purpose of this requirement, open space shall be a contiguous area with no dimension less than 15 feet that consists of natural vegetation, landscaping, or recreation areas. Front and back yards may be considered open space, exclusive of paved driveways or parking areas, accessory buildings, or covered patios.

1.    Lot-by-Lot Compliance. A minimum of 20 percent of each lot shall be devoted to a contiguous area of open space as defined in the requirements element of this section, subject to review for compliance with applicable laws related to nexus and proportionality. No portion of this open space may have a dimension of less than 15 feet.

2.    Development-Wide Compliance. The minimum open space requirement may be measured on a development-wide basis as opposed to a lot-by-lot basis. Under this option, individual lots may be developed with as little as 10 percent of total lot square footage in open space; provided, that the development as a whole reserves an area equal to 20 percent of the total lot area for open space. Common open space created under this modification shall:

a.    Serve all lots within the subdivision, particularly those lots that cannot meet the minimum lot-by-lot requirements in subsection (B)(1) of this section;

b.    Be designed to reflect its intended use by including picnic areas, trails, children’s play areas, sport courts, or interpretive exhibits;

c.    Consist of a contiguous area and have no single dimension of less than 25 feet, with the exception of trails which may be reduced in width; and

d.    Have a minimum size equal to the total square foot reduction below the open space standard for every lot in the development.

3.    Provisions Applicable to Both Lot-by-Lot and Development-Wide Compliance.

a.    Environmentally sensitive areas, buffers, front and rear lot setbacks, swimming pools, sport courts other than driveways, recreational buildings, swimming pools, golf courses, uncovered gardens, uncovered outdoor patios and similar structures or facilities may be used to meet the minimum open space requirement.

b.    At least 25 percent of the minimum open space requirement shall be outside of wetlands, streams, lakes, and sensitive areas.

c.    Open space within a development shall be available for common use by the residents and tenants of the development. All trails shall also be made available to the general public. Critical area buffers and critical areas themselves may be included in open space calculations, but may not be used for recreation.

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014)

18.32.120 Reserve tract.

For the purposes of this chapter, “reserve tract” is defined as that portion of a proposed subdivision or short plat which is reserved for future subdivision in addition to any planned phasing that is vested to the original preliminary plat or approved short plat. A reserve tract is intended to enable the subdivider to reserve a portion of the land to be subdivided until such time as future subdivision is proposed, and shall not be required to install more infrastructure than is necessary to serve a maximum of one residential unit within the tract. Reserve tracts may be permitted subject to the following restrictions:

A.    Land within the reserve tract shall not be included in calculations for lot averaging, minimum or maximum densities, or the total number of lots that may be established within the proposed subdivision.

B.    Parcels of less than one acre in size shall not be eligible to establish a reserve tract.

C.    Reserve tracts of one-half acre in size or less shall not be permitted.

D.    Reserve tracts may be considered a building lot; provided, that no more than one residential unit shall be allowed on the reserve tract, and this unit shall be included in density calculations for subsequent subdivisions.

E.    The requirements of this section shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between the City of Ferndale and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency with all applicable regulations in place at the time a request for amendment is received.

F.    An applicant who does not wish to fully develop a property within the time frame provided by an approved preliminary plat may find that the creation of a reserve tract is an appropriate alternative. An applicant who wishes to entitle the entirety of a property through one preliminary plat to be constructed in phases is not obligated to or prevented from establishing reserve tracts for these subsequent phases.

(Ord. 2173 § 1 (Att. 1), 2021; Ord. 2151 § 1 (Exh. 2), 2020; Ord. 1988 § 1, 2017; Ord. 1969 § 5 (Exh. 6), 2016; Ord. 1851 § 9, 2014)